Govt remains committed to rule of law

September 19, 2020

The Hong Kong Special Administrative Region Government today said nobody should doubt its commitment to the rule of law and judicial independence.

 

Making the remarks in response to media queries, the Hong Kong SAR Government noted that Basic Law Article 2 clearly states that the Hong Kong SAR enjoys independent judicial power, including that of final adjudication, while Article 8 stipulates that the common law system shall be maintained.

 

This is Hong Kong’s unique strength and advantage and is often cited by international business as a major factor for their continued presence and success in the city.

 

On the resignation of Justice Spigelman from the Court of Final Appeal (CFA) on September 2, the Chief Executive’s Office said Mr Spigelman did not give any reason for his resignation.

 

Following established practice, the Chief Executive as the appointment authority revoked the relevant appointment by exercising the power under section 42 of the Interpretation & General Clauses Ordinance and gazetted the revocation.

 

The Government stressed that there could be no question of the National Security Law affecting Hong Kong’s judicial independence and the smooth operation of the judicial system, including the CFA.

 

It also said the Basic Law provides for the Hong Kong SAR’s political structure, which is an executive-led system. At the same time, the Basic Law upholds judicial independence.

 

Article 82 provides that the power of final adjudication of the Hong Kong SAR shall be vested in the Court of Final Appeal of the region, which may as required invite judges from other common law jurisdictions to sit on the CFA.

 

Since 1997, eminent jurists from other common law jurisdictions have been appointed to the CFA as overseas non-permanent judges. Currently, there are 13 overseas non-permanent judges.

 

The fact that these eminent judges sit on the CFA testifies to Hong Kong’s judicial independence, helps maintain a high degree of confidence in the city's legal system and allows Hong Kong to maintain strong links with other common law jurisdictions.

 

The Government emphasised that the Chief Executive has on many occasions appreciated the valuable contribution of these eminent jurists on the CFA to jurisprudence in Hong Kong.

 

The appointment of judges from other common law jurisdictions has served the city well and will continue, it added.

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